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(2
Propositions
(2 Ch. II. Codification.
Note to Offences Table
Common to all self regarding offences
is this highly material circumstance and quality.
By no offence of this description is evil of the second
order, danger or alarm to other persons at large,
ever produced. Nor yet, in the opinion of him who,
generally speaking, is the best qualified Judge, is any
preponderant and and net quantity of evil of the 1st order.
At the same time, from evil done to the offender himself,
though by himself, results commonly it must be
acknowledged, a derivative evil to other individuals:
to wit, to those connected with him by this or that tie of interest —
self regarding or sympathetic.
On this ground, therefore,
principally, if not exclusively, will be found to stand
any reason by which the legislator can be called upon
to insist, or justified in insisting, in the Table, any
such class as that composed of Private self regarding
offences.
(2.) [Wrongful.] Exceptions excepted, in the case of
every one of these several offences, to the name of
the act the word wrongful it will be observed
stands prefixt. An addition to this effect to the denomination,
and thereby a limitation to that effect applied
to the idea to be expressed, could not be refused.
The reason is that, of all these several instances, no
one is there in which it may not happen to the act
in question to be made lawful: that is to say, by
which the evil in question is produced: to be made
lawful: that is to say, by the establishment of the correspondent
powers or rights, private, public, or semi-public,
as the case may be.
As to the exceptions, they are constituted by
the several denominations, in the signification of
which, an assertion of the unlawfulness of the act in
question is involved. Examples are — 1. Usurpation.
2. Seduction. 3. Rape. 4. Theft. 5. Embezzlement. 6. Peculation.
7. Robbery. 8. Rioting. 9. Rebellion. 10. Treason.
11. Contrabandism. 12. Mistrading. 13. International
Maleficence
(3.)
Identifier: | JB/030/176/002 "JB/" can not be assigned to a declared number type with value 30.
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1830-04-02 |
28-29 |
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030 |
civil code |
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176 |
civil code |
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002 |
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text sheet |
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recto |
c3 |
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jeremy bentham |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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9683 |
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